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36-11-3
Section 36-11-3 Investigations of alleged misconduct or incompetency of public officers by
grand juries; disposition of grand jury reports. It shall be the duty of every grand jury
to investigate and make diligent inquiry concerning any alleged misconduct or incompetency
of any public officer in the county which may be brought to its notice; and, if, on such investigation
and inquiry, it finds that such officer, for any cause mentioned in this chapter, ought to
be removed from office, it shall so report to the court, setting forth the facts, which report
shall be entered on the minutes of the court. If the officer so reported against is one of
those included in Section 174, Article 7, of the constitution, the clerk of the court shall
transmit a certified copy of such report to the Attorney General. If the officer so reported
against is the presiding judge of the court, the report must not be made to the court or entered
on the minutes; and, in such cases, the report of the grand jury...
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32-7-3
Section 32-7-3 Administration of chapter; appeal to court. (a) Director to administer chapter.
The director shall administer and enforce the provisions of this chapter and may make rules
and regulations necessary for its administration and shall provide for hearings upon the request
of persons aggrieved by orders or acts of the director under the provisions of this chapter.
(b) Appeal to court. At any time within 60 days after the rendition of any order or decision
by the director under the provisions of this chapter, any party in interest may appeal to
the circuit court in and for any county in the State of Alabama wherein any party in interest
may reside, or in which any party in interest which is a corporation may have its principal
office or place of business, and the appeal may be for the purpose of having the lawfulness
of any order, decision, or act of the director inquired into and determined. The court shall
determine whether the filing of an appeal shall operate as a stay of...
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6-6-431
Section 6-6-431 Bond in double amount; dissolution of garnishment and discharge of all garnishees;
judgment against obligors. (a) The defendant may, instead of the bond mentioned in Section
6-6-430, give bond in double the amount of the plaintiff's demand, payable to the plaintiff,
with sufficient surety, to be approved by the judge or clerk and conditioned to pay such judgment
as may be entered or ascertained to exist in favor of the plaintiff and against the defendant
in the case and costs of the action. Thereupon, the garnishment is dissolved and the garnishee
discharged and need not answer; and, upon the trial of the case, if judgment is entered or
ascertained to exist in favor of the plaintiff against the defendant, the court must also
enter judgment against the obligors in the bond for the amount of such judgment, interest
thereon and costs of the action. (b) The giving of the bond authorized in this section operates
to discharge all garnishees in the case, whether one or more....
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28-4-273
Section 28-4-273 Forfeiture and condemnation proceedings generally - Conduct of hearing or
trial generally; entry of judgment of forfeiture and delivery of liquors and beverages to
Alcoholic Beverage Control Board generally; destruction of nonfederal tax-paid liquors and
beverages; disposition of funds paid into court by Alcoholic Beverage Control Board. If no
party appears to make a claim at the time specified in the notice or if no verified answer
controverting the allegations of the complaint and the grounds for issuance of the search
warrant is interposed, the judge shall proceed to hear the testimony in support thereof. If
it is established upon the hearing before said judge or upon the trial of the action, if issue
be joined, that the liquors so seized are kept, stored or deposited for the purpose of unlawful
sale or other disposition or for furnishing or distribution within this state or if it appears
that the complainant has established a ground for the issuance of such search...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-273.htm - 2K - Match Info - Similar pages
6-6-81
Section 6-6-81 Notice of levy - Nonresident defendant. When an attachment is sued out against
a nonresident of the state, the writ shall be returned to the clerk of the court as soon as
levied upon the property of the defendant, and thereupon the clerk shall cause a notice of
the attachment and levy on the defendant's property to be advertised once a week for three
successive weeks in some newspaper of general circulation in the county in which the property
is found, a copy of which must be sent by mail to the defendant if his residence is known
or can be ascertained; and, when such publication is perfected, the case shall stand for trial
at any time after the expiration of 30 days thereafter. (Code 1852, §2510; Code 1867, §2934;
Code 1876, §3259; Code 1886, §2936; Code 1896, §531; Code 1907, §2931; Code 1923, §6179;
Code 1940, T. 7, §852.)...
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12-21-225
Section 12-21-225 Testimony for state or defendant by convict. (a) The presiding judge of any
circuit court or district court having reason to believe that the testimony of any convict
serving a sentence in the penitentiary or to hard labor for the county is necessary in any
criminal prosecution for the state and that other evidence cannot be obtained on behalf of
the state may order a writ to be issued by the clerk, commanding the Board of Corrections
to have the convict before the court on a specified day to give testimony in the particular
case for the state. Moreover, upon the sworn petition of the defendant in a criminal prosecution
showing that a convict serving sentence in the penitentiary knows facts which would be beneficial
to him, the judge may, if he believes the ends of justice will be served thereby, order the
issuance of such a writ to secure the appearance of the convict to testify on behalf of the
defendant. The writ shall be served on the board at least one week...
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15-16-22
Section 15-16-22 Duty of judge to order examination of defendant in capital cases; observation
and examination of defendant by commission on lunacy; report by commission; order of clerk
of court; expenses of removal of defendant. (a) Whenever it shall be made known to the presiding
judge of a court by which an indictment has been returned against a defendant for a capital
offense, that there is reasonable ground to believe that such defendant may presently lack
the capacity to proceed or continue to trial, as defined in Section 22-52-30, or whenever
said judge receives notice that the defense of said defendant may proceed on the basis of
mental disease or defect as a defense to criminal responsibility; it shall be the duty of
the presiding judge to forthwith order that such defendant be committed to the Department
of Mental Health and Mental Retardation for examination by one or more mental health professionals
appointed by the Commissioner of the Department of Mental Health and Mental...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-16-22.htm - 3K - Match Info - Similar pages
40-3-25
Section 40-3-25 Appeals - Procedure. All appeals from the rulings of the board of equalization
fixing value of property shall be taken within 30 days after the final decision of said board
fixing the assessed valuation as provided in this chapter. The taxpayer shall file notice
of said appeal with the secretary of the board of equalization and with the clerk of the circuit
court and shall file bond to be filed with and approved by the clerk of the circuit court,
conditioned to pay all costs, and the taxpayer or the state shall have the right to demand
a trial by jury by filing a written demand therefor within 10 days after the appeal is taken.
When an appeal is taken, the taxpayer shall pay the taxes due as fixed for assessment for
the preceding tax year before the same becomes delinquent; and, upon failure to do so, the
court upon motion ex mero motu must dismiss the appeal, unless at the time of taking the appeal
the taxpayer has executed a supersedeas bond with sufficient sureties...
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41-22-20
Section 41-22-20 Judicial review of preliminary, procedural, etc., actions or rulings and final
decisions in contested cases. (a) A person who has exhausted all administrative remedies available
within the agency, other than rehearing, and who is aggrieved by a final decision in a contested
case is entitled to judicial review under this chapter. A preliminary, procedural, or intermediate
agency action or ruling is immediately reviewable if review of the final agency decision would
not provide an adequate remedy. (b) All proceedings for review may be instituted by filing
of notice of appeal or review and a cost bond with the agency to cover the reasonable costs
of preparing the transcript of the proceeding under review, unless waived by the agency or
the court on a showing of substantial hardship. A petition shall be filed either in the Circuit
Court of Montgomery County or in the circuit court of the county in which the agency maintains
its headquarters, or unless otherwise...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-22-20.htm - 11K - Match Info - Similar pages
11-47-172
Section 11-47-172 Procedure for condemnation and appeal; asssessment of value, etc. (a) Whenever
the proprietor or proprietors or any of them of any of the lands necessary for any of the
purposes provided in Section 11-47-171 or necessary for opening new streets or widening old
streets and the mayor or other chief executive officer cannot agree on a price of said lands
or cannot agree as to the amount to be paid for changing the grade of any street, sidewalk,
or public place and whenever the proprietor or proprietors thereof shall be an infant, non
compos mentis, a nonresident, or unknown, then the mayor or other chief executive officer
shall apply to the clerk of the circuit court of the county for a writ of ad quod damnum to
be directed to the sheriff of the county, commanding him to summon three freeholders of the
county to appear before the sheriff on a day named, not less than two days from the date of
the writ, and to proceed under his direction to assess a value of the lands of...
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